Author: GJackson@philadefender.org
Statement on the Detention of a Defender Client by ICE
People living in Philadelphia should have the right to due process, regardless of their immigration status.
“Last week, after a Defender Association client’s case was dismissed at a preliminary hearing for lack of evidence, he was detained by law enforcement and transferred to the custody of Immigration and Customs Enforcement (ICE), even though there was no outstanding warrant.
“We’ve raised this matter with the Courts, Philadelphia Police Department, Sheriff’s Office, District Attorney’s Office, Law Department, and City Council, and we are in active communication with immigrant rights organizations across the city.
“The Defender Association has long held that no one should be subjected to immigration enforcement while seeking justice in our courts. What happened last week is a deeply troubling reminder of the real risks faced by non-citizens navigating our justice system. It underscores the urgent need for the city to invest in legal protections for immigrant communities, including the creation of a fully staffed Immigration Unit at the Defender Association, a core priority outlined in our FY26 budget request.
“We remain committed to protecting the rights of all Philadelphians and fighting for a justice system that is fair and safe for everyone, regardless of immigration status.”
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Defender Statement on Non-Attorney Staff Union
“The Defender Association of Philadelphia congratulates AFSCME 47 and our non-attorney staff on their successful vote to unionize. We fully support their right to organize and are committed to working in good faith with the Philly Defender Staff Union to bargain for better working conditions and a stronger Defender for our staff and clients.
“Our attorneys unionized through a democratic process in 2020, and we are proud to continue that tradition of ensuring all staff have a voice in shaping their workplace. We look forward to collaborating with the newly formed union to build a workplace that reflects our shared commitment to justice, fairness, the well-being of our employees, and service to our clients.
“Our staff is the heart of our mission, and we are excited to take this next step together in strengthening the Defender Association as a place where all employees feel valued, supported, and empowered.”
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Defender Statement on Philly FY 2026 Budget
The Mayor’s budget is bold and ambitious, but indigent defense should make up more than 1% of total spending.
“The Mayor’s budget outlines a bold and ambitious vision for Philadelphia’s future—one that emphasizes investment in communities, public safety, and a more just system. But that vision cannot be fully realized without more funding for the Defender Association. In the Mayor’s proposed budget, indigent defense—a constitutional right—accounts for just 1% of total spending.
“The Board and staff of the Defender Association of Philadelphia thanks the City Council members who have already recognized the importance of funding public defense. Their support reflects an understanding that public safety isn’t just about enforcement—it’s also about access to justice, effective representation, connection to services, meaningful alternatives to incarceration, and reentry.
“The Defender Association’s budget proposal also includes a request for funding to start our first Immigrant Defense Unit. “Philadelphia’s immigrant communities are already being detained, and navigating a complex legal system, often without representation. Without dedicated funding for our Immigration Defense Unit, more families will be at risk of separation and removal and more residents will be left to fight for their futures alone. Philadelphia can’t claim to be a place of opportunity while denying people their right to representation.
“Our budget proposal also highlights the real need for Social Workers to support initiatives including Kensington Wellness Court and work with our youth and adult population. Social workers are essential in stabilizing clients by connecting them to housing, treatment, and other critical services. Last year, we represented 44,000 adults, and only had 29 social workers on staff.
“If we want a city where justice is truly accessible to all, we must ensure that the resources exist to make that promise a reality. We look forward to working with City Council and the administration this budget season to make these investments a reality and build a safer, more just Philadelphia.”
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Keisha Hudson Testimony on Legal Services for Immigrants
On January 22, 2025, Chief Defender Keisha Hudson delivered testimony before City Council on the increased need to provide legal representation to undocumented people in Philadelphia. Read the full written testimony below, click here for a printable version, or watch the video:
Good morning Chairwoman Gilmore Richardson, Vice Chair Brooks, and Councilmembers Bass, Landau, O’ Neill, Phillips, and Squilla. I’m Keisha Hudson, Chief Defender at the Defender Association of Philadelphia.
Thank you Councilmember Landau for introducing this resolution and for the opportunity to present to the committee the current legal services Defender provides to clients facing immigration consequences from their involvement with the criminal justice system and our plan to expand our legal services to provide direct representation to Philadelphians, including those not involved with the criminal legal system, who are at risk of deportation.
Currently our office has two part time ‘crimmigration’ attorneys who split their time between us and the Nationalities Services Center (NSC) and one mitigation specialist. This team works in conjunction with our appellate attorneys to advise our attorneys as to the immigration consequences our clients will face as a result of their involvement with the criminal legal system.
Client Profile: Mr. B
This team helps people facing immigration challenges, like Mr. B., a non-citizen from the Dominican Republic who last came to the U.S. in 2022. He had been removed by Customs and Border Protection (CBP) before, but he returned after the Trinitarios gang—who had already harmed him—tried to kill him again. In 2023, he was arrested in Philadelphia for a first-time DUI and later detained by ICE in another state.
Our crimmigration attorney, Whitney Viets, and mitigator, Daniela Tovar Martinez, put together a strong request for his release. They included detailed evidence showing his good character, strong family ties in the U.S., and the serious health issues of his loved ones back home. His defense attorney, Edward Jilozian, helped get his DUI case withdrawn, which strengthened our case for release. These requests are rarely approved, but in Mr. B.’s case, ICE granted his release last summer.
Now, Mr. B. is able to keep supporting his 7-year-old twin daughters, who have severe asthma, and his elderly mother, who is battling cancer. His release means he can continue to help pay for their medical care while he waits for his immigration hearing, which may not happen until 2027 or later.
Our Current “Crimmigration” Legal Representation
Currently our immigration work, like that involving Mr. B., is funded through our partnership with the NSC, the organization which holds the contract with the city to provide immigration services. These services are currently funded by the Pennsylvania Immigrant Family Unit Project (PAIFUP) grant. This project provides legal representation to people detained by ICE through the PAIFUP who lived, worked, or studied in Philadelphia before detention, or plan to reunite with family in the city after their release.
Services supported by the PAIFUP project use a universal representation model that screens eligible individuals for services and offers representation regardless of the strength of their immigration case. When capacity allows, the services include representation of not just detained persons, but also people who reside, work in, or go to school in Philadelphia who are at risk of detention and deportation.
Since 2019, PAIFUP has grown from just 3 to roughly 5 full time attorneys, and has represented 213 members of the community. But the overwhelming majority of people processed by Philadelphia Immigration Court still lack legal representation. Since October 2019, 65% of the 102,671 deportation cases processed by Philadelphia Immigration Court were unrepresented individuals. Legal representation matters–39% of PAIFUP clients whose cases were completed have achieved outcomes that allow them to remain in the United States versus only 19% of unrepresented cases.
Representation also helps to maintain strong and stable communities in the city. For example, among people who were initially detained, 45 percent of clients were released from custody, either on bond or at the conclusion of their legal cases, allowing them to stay within the community and with their families or jobs.
Additionally, representation enables our clients to effectively raise their legitimate defenses with 70 percent of clients applying for some legal defense against deportation, and among these people, 80 percent pursued protection-based claims for relief, like asylum.
The Case for Expansion of Services
With the support of the Nationalities Services Center (NSC), and other partner groups currently receiving funding through the city’s contract with NSC, we seek resources to expand our immigration services and take on a larger role in the administration of PAIFUP.
We will keep working with our partners to make sure a portion of PAIFUP funds are used to support peer-to-peer support, helping organizations share best practices in managing finances and contracts for this statewide legal effort. We’ll also continue supporting community groups and legal service providers to make sure no Pennsylvania resident faces detention or deportation without a lawyer.
In practice, this proposal would mean that the Defender Association will create an Immigration Defense Unit within our office, staffed with attorney and non-attorney members who specialize in defense and removal practice in federal court. This unit will ideally comprise 13 attorneys and non-attorneys, including 2 legal fellows.
A recent report estimates that nearly 50,000 Philadelphians may be at risk of detention or deportation in the upcoming years.To meet anticipated needs, we believe the Defender Association should expand its partnership with the existing network of community organizations, house all of the services in one shop and invest in additional staffing similar to other large scale public defender and community partnerships in places like New York, Los Angeles and Chicago. This will ensure more people have a chance of receiving quality representation by doubling the staff currently working on these issues, while expanding service capacity by allowing for much more effective representation.
Ultimately, this restructuring would: streamline divisions of labor and case acceptance; prevent duplication of resources; add professional and administrative staff to assist with investigative, family support, and social services; and house all part time employees under one shop and one supervisor.
To fund this project the Defender proposes absorbing the PAIFUP funding and seeking an additional investment from the city of $800,000.
Conclusion
While the future of undocumented members of our community is uncertain, we must anticipate that members of immigrant communities throughout the city will face even greater challenges in the years ahead. That’s why it’s crucial for our office to expand its legal representation for immigration. Now more than ever people at risk of deportation need a streamlined, well-resourced, and responsive legal team to ensure their individual rights are protected and they have access to the resources and advocacy they need.
During the first Trump administration, our city faced challenges when federal funding was delayed or withdrawn because our city’s policies did not align with the federal requirements. In the upcoming months or years, the city may be faced with tough economic choices as it balances the needs of our community.
Committing to an expansion of PAIFUP’s and the Defender’s immigration services will allow us to be better prepared to anticipate upcoming shifts in policy and ensure that we are equipped to help Philadelphians navigate the complexities of immigration law in this ever changing environment.
Defender Statement on Juvenile Detention Special Report
PHILADELPHIA—”Today’s Philadelphia Inquirer special report highlighting the alarming rates of juvenile detention and placement and the abusive conditions faced by young people in the justice system brings much-needed attention to a heartbreaking reality. We’re grateful to the Inquirer for shining a light on this issue and for sharing perspectives that show the real impact of these systemic failures.
“We are also grateful for the exceptional advocacy of our leadership team and public defender, Brendan Lokka and to our client, Abdul Anderson. Our youth often express how terrified they are to speak up on their experiences in detention and placement. Adbul’s bravery in coming forward and speaking to his experience shines a bright light on what so many of our youth go through as they navigate an already traumatic and detrimental juvenile justice system.
“For too long, our youth justice system has fallen short in providing the care, safety, support, education, and rehabilitation that children need. The conditions described in the story aren’t isolated—they’re part of a larger problem rooted in outdated policies that focus on punishment instead of prevention, alternatives to detention and placement, and rehabilitation. The Defender Association has been calling for action and offering solutions, but meaningful change will require bold contributions from every leader and organization that plays a role in our system.
“We’re committed to working together to build a youth justice system that prioritizes protecting and uplifting young people rather than causing further harm. We invite city and state leaders, community groups, and advocates to join us in making the changes our youth desperately need.
“This is a moment to reflect on how we can shift resources from detention to supporting youth and families at home and in the community. If detention or placement is the only option, we must invest in the trauma-informed rehabilitation and robust education and reentry support they deserve so that they can thrive.”
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Keisha Hudson on Passage of Prison Oversight Bill
PHILADELPHIA—“The Defender Association of Philadelphia applauds City Council–in particular, bill sponsors Isaiah Thomas and Nicolas O’Rourke–for the unanimous passage of prison oversight legislation. This bill represents a crucial step toward accountability and transparency in Philadelphia’s jails.
“Managing over 4,000 individuals in secure facilities is a monumental task that requires effective oversight and community partnership. This legislation is an important first step toward building trust and ensuring the City’s correctional system is accountable for the safety of prison employees and incarcerated people.
“The passage of this bill is a pivotal moment for reform, but to be effective, every system stakeholder must collaborate on the implementation of this legislation and other solutions to the systemic challenges within our jails. The Defender Association remains committed to collaborating with justice system partners to create meaningful and lasting change.”
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Defender Days at Prevention Point
Each month, the Defender Association teams up with Prevention Point for Defender Days. We offer legal resources, including information on expungements and probation terminations for eligible clients.
Bookmark this page for information on upcoming Defender Days